State Codes and Statutes
Statutes > North-carolina > Chapter_32A > GS_32A-9§32A‑9. Registered durable power of attorney not affected by incapacityor mental incompetence.
(a) All acts done by anattorney‑in‑fact pursuant to a durable power of attorney during anyperiod of incapacity or mental incompetence of the principal have the sameeffect and inure to the benefit of and bind the principal and his successors ininterest as if the principal were not incapacitated or mentally incompetent ifthe power of attorney has been registered under the provisions of subsection(b).
(b) No power ofattorney executed pursuant to the provisions of this Article shall be validsubsequent to the principal's incapacity or mental incompetence unless it isregistered in the office of the register of deeds of that county in this Statedesignated in the power of attorney, or if no place of registration isdesignated, in the office of the register of deeds of the county in which theprincipal has his legal residence at the time of such registration or, if theprincipal has no legal residence in this State at the time of registration orthe attorney‑in‑fact is uncertain as to the principal's residencein this State, in some county in the State in which the principal owns propertyor the county in which one or more of the attorneys‑in‑fact reside.A power of attorney executed pursuant to the provision of this Article shall bevalid even though the time of such registration is subsequent to the incapacityor mental incompetence of the principal.
(c) Any person dealingin good faith with an attorney‑in‑fact acting under a power ofattorney executed under this Article shall be protected to the full extent ofthe powers conferred upon such attorney‑in‑fact, and no person sodealing with such attorney‑in‑fact shall be responsible for themisapplication of any money or other property paid or transferred to suchattorney‑in‑ fact. (1983, c. 626, s. 1; 1987, c.77, s. 2.)
